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Univ. of Kentucky College of Law

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Monday, July 1, 2013

Owley on Exactions

OwleyWith Koontz in mind, Jessica Owley (Buffalo) has a posted a brief primer on exactions, What Exactly are Exactions?, on SSRN.  Here's the abstract:

This brief piece for the publication of the Environmental Law Section of the New York Bar Association discusses the potential implications of Koontz v. St. John's River Water Management District (pending before the U.S. Supreme Court) and its implications for New York law. While all exactions must undergo a Nollan/Dolan level of scrutiny, New York courts have limited the reach of this analysis by narrowly defining what constitutes an exaction. In Smith v. Town of Mendon, the New York Court of Appeals defined exactions strangely. First, it held that conservation restrictions did not qualify as exactions unless they required public access. Second, bound by precedent, the court recognized that in lieu fees are exactions requiring Nollan/Dolan analysis. These holdings seem out of step with Supreme Court jurisprudence and likely to require revisitation after the Court issues its opinion in Koontz. At oral argument, the justices appeared to interpret exactions much more broadly than the New York courts.

Steve Clowney

http://lawprofessors.typepad.com/property/2013/07/owley-on-exactions.html

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Comments

How sweet of you to post a link to my work. Just wanted to point out that this piece is closer to a blurb than a law review article. This was a short piece I wrote for the Environmental Law Section of the New York Bar Association, contemplating what the implications of Koontz might be for New York's caselaw on exactions. As with most pieces of this kind, it looks like it didn't show up in print prior to the issuance of Koontz. For some updated thoughts, you can check out my recent post at land use profs.

http://lawprofessors.typepad.com/land_use/2013/07/late-to-the-game-koontz-and-whether-you-can-have-a-takings-claim-without-an-actual-takings.html

Posted by: Jessie Owley | Jul 1, 2013 8:30:54 AM

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